DNA testing is often used in sex cases and the following video explains how the DNA testing is done. In a rape case the suspect will often leave DNA behind in the form of pubic hair, saliva or seamen. A suspect’s DNA may also be found on ordinary items such as a cigarette or a drinking cup. Juries expect hard evidence in a sex case and prosecutors are increasingly relying of DNA evidence because that is what juries expect.

(1)   A person is guilty of sexual exploitation of a minor:

     (a) when he knowingly produces, distributes, possesses, or possesses with intent to distribute material or a live performance depicting:

          (i) a nude or partially nude minor for the purpose of causing sexual arousal of any person; or

         (ii) any minor’s engagement in sexual conduct alone or with another person; or

     (b)  if he is a minor’s parent or legal guardian and knowingly consents to or permits that minor to be sexually exploited under Subsection (1)(a) above.

(2) Sexual exploitation of a minor is a felony of the second degree

(3) It is a separate offense under this section:

     (a) For each minor depicted, an dif more than one minor is depicted in the same material or live performance in violation of this section, the depiction of each individual minor or the material or live performance is a separate offense;

     (b) Each time the same minor is depicted in different material; and

     (c) Each time the same minor is depicted in a separate live performance.

In Utah, aperson commits sodomy upon a child if the actor engages in any sexual act upon or with a child who is under the age of 14, involving the genitals or anus of the actor or the child and the mouth or anus of either person, regardless of the sex of either participant.

Sodomy upon a child is a first degree felony punishable by imprisonment for an indeterminate term of not less than 6, 10, or 15 years and which may be for life. Imprisonment is mandatory in accordance with Section 76-3-406.

Fortunately, Utah does not require individuals convicted of sex solicitation involving oral or anal sex to register as sex offenders, but Louisiana does. The law requiring sex offender registration focuses on sex acts historically associated with homosexuality. The law, which is over 200 years old, is being challenged in Federal court. The law was recently repealed, but that will not remove people from the sex offender registry for prostitution/sex solicitation. Do you think that too many individuals who are not a threat are being placed on the sex offender registry?

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A person who, without the victim’s consent, causes the penetration, however slight, of the genital or anal opening of another person who is 14 years of age or older, by any foreign object, substance, instrument, or device, not including a part of the human body, with intent to cause substantial emotional or bodily pain to the victim or with the intent to arouse or gratify the sexual desire of any person, commits an offense which is punishable as a felony of the first degree.

If you are aware that you may be accused of a sex crime, you should contact an experienced Utah sex crimes lawyer to advise you even if you are not currently charged. Once an rape, child porn possession or other sex crime investigation is underway, you need a lawyer to help prevent charges from being filed or to make sure you do not make missteps in dealing with law enforcement officers. You want to minimize the disruption to your every day life as you fight the charges in court.

A Utah sex crimes lawyer can assess the strength of the case against you, make certain that the offer from the prosecutor is fair, inform you of the collateral consequences of a conviction, and most importantly a lawyer can take your case to trial. The simple accusation of a sex crime like rape, forcible sex abuse, child sex abuse or possession of child porn can destroy someone’s life even if the allegation does not end in a conviction.
Hiring a tough, smart lawyer early on can make all the difference between a favorable and a disastrous outcome for you later on. If you are a witness in some cases, a Lawyer is advised, specifically if you are a witness who wants to claim husband-wife privilege. If you believe you may incriminate yourself if you testify, you need an lawyer to advise you as to whether you may appropriately refuse to testify based on your Fifth Amendment rights.